EOIR-26 or EOIR-29? Choose the Right Form for Your BIA Appeal

Choosing between EOIR-26 vs EOIR-29 comes down to one question: who made the decision you want to challenge? If an immigration judge decided your case, you file Form EOIR-26. If a DHS officer made the decision, you file Form EOIR-29 with the DHS office.

This guide explains how to tell the two forms apart. It covers deadlines, filing steps, and what can follow a Board decision, so you can choose the right form with a clear picture.

What Is an Immigration Appeal and Which Body Hears It

An immigration appeal asks a higher body to review a decision. For most immigration judge decisions, that body is the Board of Immigration Appeals (BIA). The BIA sits within the Executive Office for Immigration Review (EOIR), and 8 CFR 1003.0 lists EOIR’s components, including the Board.

The Board has 15 members, who are attorneys appointed by the Attorney General (8 CFR 1003.1).

Every appeal starts with a notice of appeal. It tells the Board or DHS that you are challenging a decision and why. The form number is what changes. Form EOIR-26 is the notice for an immigration judge decision. Form EOIR-29 is the notice for a DHS officer’s decision. The letter you received usually shows which agency made the call, and that tells you which form applies.

Can Every Immigration Decision Be Appealed?

No, not every decision can go to the BIA. Decisions of immigration judges may be appealed to the Board (8 CFR 1003.38). That is the route this guide covers in detail. A DHS officer’s decision uses a different notice, Form EOIR-29.

Some limits are firm. No appeal lies from an order of removal entered in absentia, which means an order entered when the person did not attend the hearing (8 CFR 1240.15).

Except when certified to the Board, a decision becomes final once you waive appeal or the time to appeal runs out, whichever comes first (8 CFR 1003.39). That is why the dates matter so much.

To schedule a consultation with the office, contact us by phone, through the contact form, or on WhatsApp.

When Is Form EOIR-26 Required?

You file Form EOIR-26 when an immigration judge made the decision you want reviewed. Common examples include a removal order issued after a hearing, or a judge’s denial of relief you asked for. The notice goes directly to the Board, not to a DHS office (8 CFR 1003.3).

Timing is the first thing to check. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.

The filing date is the date the Board receives the notice, not the date you mailed it. The notice must also come with the appeal fee or an Appeal Fee Waiver Request (Form EOIR-26A). If the fee or the Appeal Fee Waiver Request (Form EOIR-26A) is not filed within the specified time period, the appeal is not deemed properly filed (8 CFR 1003.38).

Your Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26) must be filed directly with the Board within 10 calendar days of the Immigration Judge’s decision, except as provided in paragraph (b)(2) of this section. It must state the reasons for the appeal and identify the findings or conclusions you challenge (8 CFR 1003.3). You must also send a copy to the other side, with proof of service. 8 C.F.R. § 1003.3 reads: “An appeal is not properly filed unless it is received at the Board, along with all required documents, fees or fee waiver requests, and proof of service, within the time specified in the governing sections of this chapter.”

When Do I Use Form EOIR-29?

You file Form EOIR-29 when a DHS officer made the decision. This form is filed directly with the DHS office that has administrative control over the record of proceeding, not with the Board. It must be filed within 30 days of service of the decision (8 CFR 1003.3).

Sending it to the wrong place can cause real trouble. An appeal is not properly filed until it reaches the right DHS office, with all required documents and the fee provisions met. Check the decision letter for the issuing office and the service date before you send anything.

Briefs follow a separate schedule. The rule gives the applicant and DHS 21 days to file a brief, unless the DHS officer sets a shorter period, and the brief goes to DHS (8 CFR 1003.3). 8 C.F.R. § 1003.3 reads: “The applicant or petitioner and DHS shall be provided 21 days in which to file a brief, unless a shorter period is specified by the DHS officer from whose decision the appeal is taken, and reply briefs shall be permitted only by leave of the Board.” Like Form EOIR-26, Form EOIR-29 must state the reasons for the appeal.

EOIR-26 vs EOIR-29 at a Glance

Use EOIR-26 for an immigration judge decision, and EOIR-29 for a DHS officer decision. The table shows how the two routes differ.

One mismatch to avoid is choosing a form by the result you want. The form follows the officer or judge who made the decision. The header and signature block on your letter show who that is.

Do I Need Form I-290B Instead?

Form I-290B is a USCIS form, and a denial letter from USCIS may point to it instead of either EOIR form. It is separate from EOIR-26 and EOIR-29, so do not file one of those by default.

Read the header and any instructions on your letter before you choose a form. If the letter names an appeal form, follow the form it names. If the letter is unclear, bring it to our office before you file.

What Are the Deadlines for Filing an Immigration Appeal?

Each appeal has its own clock. The clock starts on a specific date in your paperwork, so find that date first.

For an immigration judge decision, the time runs from the oral decision or from the mailing or electronic notice of a written decision. The general limit is 10 calendar days from the judge’s decision, and 30 calendar days applies where the judge adjudicated an asylum application and did not deny it under INA 208(a)(2)(A), (B), or (C) (8 CFR 1003.38). For a DHS decision, the limit is 30 days from service of the decision (8 CFR 1003.3).

Say a judge ordered removal on a Monday, and the decision was read aloud that day. The appeal must be filed within the time specified in § 1003.38, which runs from the date the judge’s oral decision is stated, so the clock starts that Monday. It does not start when your copy arrives in the mail.

Write the date on your calendar the day you receive the paper. Do not wait for the last week. The filing date is the date the Board or DHS office receives your notice, so mail time does not help you.

An appeal is not properly filed unless it arrives within the time limit, along with all required documents, fees or fee waiver requests, and proof of service (8 CFR 1003.3). Except when certified to the Board, the decision becomes final upon waiver of appeal or upon expiration of the time to appeal if no appeal is taken, whichever occurs first (8 CFR 1003.39). A missed deadline can end the appeal route, so the date needs attention on day one.

What Happens After the BIA Rules Against You?

After a Board decision, the main next steps are a motion to reopen or reconsider, or a petition for review in a federal court of appeals. Each one has its own rules, so one does not replace the other.

A motion to reopen has limits. You may file only one motion to reopen removal proceedings, and it must be filed no later than 90 days after the final administrative decision, subject to an exception in the rule (8 CFR 1003.2). The Board has discretion to grant or deny it. Any motion must be in English or come with a certified English translation.

A petition for review goes to a federal court of appeals, not to the Board. Under 8 U.S.C. § 1252(a)(5), a petition for review is the exclusive means for judicial review of an order of removal entered or issued under any provision of this chapter, except as provided in subsection (e). It is filed with the court of appeals for the circuit where the immigration judge completed the proceedings (8 U.S.C. § 1252).

Common questions

Talk With AG Immigration Law About Your Appeal

Yes, you can talk through your form and deadline with our office. AG Immigration Law P.A. focuses its practice on removal defense and BIA appeals, among other immigration matters. Adriana Gomez is the lawyer responsible for this page.

Maybe a judge’s removal order is in your hand, a deadline is running, and the choice between EOIR-26 and EOIR-29 is still open. That is when the decision date and the issuing office matter most.

You can fill out the contact form, call the office, send a WhatsApp message, or book a paid consultation. Bring a copy of your decision and the date you received it. The office reviews which form applies and which deadline runs, then talks through what comes next.